Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Costa Rica (Ratification: 1993)

1. The Committee notes the detailed information provided in the Government’s report, including statistical data and judicial rulings, as well as the various annexes.

2. Article 7 of the Convention (development plans). The Committee regrets to note that Bill No. 12032 on the autonomous development of indigenous peoples has been shelved. The Committee requests the Government to consider other alternatives of an administrative or legislative nature to permit the economic, social and cultural development of indigenous peoples with the direct participation of the indigenous groups concerned in the formulation, implementation and evaluation of the corresponding policies. The Committee requests the Government to keep it informed in its next report of any progress achieved.

3. Articles 14 and 18 (land). The Committee notes the Government’s indication that of the total indigenous population in Costa Rica (63,876 persons), 42 per cent live in indigenous lands, 18 per cent live on the periphery of these lands and 40 per cent in the rest of the country. In its previous comments, the Committee noted the Government’s indication of the existence of large areas of indigenous lands in the possession of non-indigenous persons and it requested the Government to indicate the progress achieved in returning these lands to their indigenous owners, and on the procedures that currently exist within the national legal system so that indigenous peoples can reclaim land which they have lost, or of which the possession or status as "reservations" has still not yet been determined.

4. The Committee notes the Government’s indication in its report that the National Commission for Indigenous Affairs commenced transferring lands within its responsibility to the indigenous reservations of Boruca, Térraba and Curré and that it will continue doing so for other communities. It also notes the information provided by the Government on the various procedures through which indigenous peoples can reclaim land. The Committee trusts that the Government will continue providing information on the recovery of indigenous lands in the possession of non-indigenous persons, particularly in reservations in which the indigenous population is in the minority, and on the measures taken for the establishment of new reservations.

5. The Committee reiterates its previous comment in which it requested the Government to provide information on the amount of indigenous lands which are still in the possession of non-indigenous persons.

6. Article 15 (natural resources). The Committee notes the Government’s indication in reply to its previous direct request that indigenous peoples have the rights over the use and management of the natural resources existing in their lands. It notes in particular Decree No. 27800 of 16 March 1999 (supervision of forest resources) and the training of indigenous persons as inspectors and guards in reservations. It also notes the content of Communiqué No. DM-1426-2003, dated 14 July 2003, of the Ministry of the Environment and Energy, specifying that Act No. 7788 respecting biodiversity envisages the participation of indigenous persons in all matters relating to the conservation of biodiversity and the sustainable use of natural resources. The Committee hopes that the Government will provide additional information in its next report on the application of this legislation in practice.

7. Article 16 (relocation). In its previous observation, the Committee referred to the Government’s indication that the Electricity Institute of Costa Rica (ICE) is investigating the possibility of displacing indigenous populations in order to construct a hydroelectric dam. The Committee requested the Government to provide information on the proposed project and the persons affected, with an indication of their number, the size of their territories and how much of these lands the ICE wished to appropriate. It also requested information from the Government on the procedures existing for consultations with the peoples affected and for their effective representation in any relocation processes that are under consideration. The Committee notes the ICE’s information referred to in the Government’s report that the future energy needs of the country make it necessary to construct a new hydroelectric plant in Boruca. The ICE adds that studies have been undertaken for this purpose for 30 years to evaluate the technical, economic, environmental and social perspectives. The ICE emphasizes that the investment will promote the development and well-being of Costa Rican society and refers to the need to reach an understanding with the Brunca, Teribe, Cabécar and Bribri peoples which inhabit the area through dialogue, understanding and compliance with the legislation and the Convention. The ICE adds that those principally affected will be 3,000 members of the indigenous Teribe and Brunca peoples as a result of the flooding of 14.7 per cent of the total 332.8 km² belonging to Indian reservations. The ICE states that it will be necessary to remove approximately 500 indigenous persons and that negotiations will be held in accordance with the provisions of the Convention. The Committee trusts that the Government will provide detailed information on the nature of the information, participation, consultation and negotiation processes engaged in with the representatives of the indigenous communities affected directly or indirectly by this project.

8. The Committee is addressing a request directly to the Government on certain points.